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The secretary of state shall appoint a meeting of such board at his office, or at the office of the treasurer or comptroller on or before the fifteenth day of December next after each general election, and within forty days after each special election, to canvass the statements of boards of county canvassers of such election. He shall notify each member of the board of such meeting. The board may adjourn such meeting from day to day, not exceeding a term of five days. R. S., 425, L. 1842, ch. 130, tit. 5, Arts. 3, 4, $$ 27-30, 37.
Id., 427, L. 1842, ch. 130, tit. 6, Art. 2, $ 14. •
$ 138. Canvass by state board. Such board shall at such meeting proceed to canvass the certified copies of the statements of the county boards of canvassers of each county in which such election was held. If any member of such board shall dissent from a decision of the board, or shall deem any of the acts or proceedings of the board to be illegal or irregular, and shall protest against the same, he shall state such dissent or protest in writing, signed by him, setting forth his reasons therefor, and deliver it to the secretary of state who shall file it in his office.
Upon the completion of such canvass, such board shall make separate statements written out in words at length and signed by the members of such board or a majority thereof, of the whole number of votes cast for all the candidates for each office shown by such certified copies to have been voted for, and of the whole number of votes cast for each of such candidates, the name of each office and if the voters of a district only of the state were entitled to vote for candidates therefor, the name and number of such district, and the name of each candidate, and the determination of the board of the person thereby elected to such office; the whole number of votes shown by such certified copies to have been cast upon each or question shown by such copies to have been voted upon, the whole number of votes cast in favor of and against each respectively, and the determination of the board as to whether it was adopted or rejected. Each such statement, dissent and protest shall be delivered to the secretary of state and recorded in his office. R. S., 425, L. 1842, ch. 130, tit. 5, Arts. 4, 5, $$ 31-6, 38.
Id., 427, L. 1842, ch. 130, tit. 6, Art. 2, § 15.
$ 139. Certificates of election.— The secretary of state shall thereupon forth with transmit a copy, certified by his signature and official seal, of each such statement as to votes cast for candidates for any office, to the person shown thereby to have been elected thereto. He shall prepare a general certificate under the seal of this state, and attested by him as secretary thereof, addressed to the house of representatives of the United States, in that congress for which any person shall have been chosen, of a due election of the persons so chosen at each election, as representatives of this state in congress; and shall transmit the same to the house of representatives, at their first meeting. If either of the persons so chosen at such election shall have been elected to supply a vacancy in the office of representative in congress, it shall be mentioned by the secretary of state in the statements to be prepared by him. R. S., 426, L. 1842, ch, 130, tit. 5, Art. 5, 8$ 39, 41, 42. Id., 427, L. 1842, ch. 130, tit. 6, Art. 2, $ 16.
$ 140. Record in office of secretary of state of county officers elected. The secretary of state shall enter in a book to be kept in his office, the names of the respectivo county officers elected in this state, including school commissioners, specifying the counties and districts for which they were severally elected and their places of residence, the offices to which they were respectively elected, and the terms of office. R. S., 426, L. 1842, ch. 130, tit. 5, Art. 5, § 43.
ARTICLE VIL ELECTION OF REPRESENTATIVES IN CONGRESS AND ELECTORS
OF PRESIDENT AND VICE-PRESIDENT. Botion 160. Representatives in congress, when and how chosen. 161. Electors of president and vice-president, when and how
to be chosen. 162. Meeting and organization of the electoral college. 163. Secretary of state to furnish college with lists of
electors. 164. Vote of the electors and their list of persons voted for. 165. Appointment of messenger and his duties. 166. Other lists to be furnished. 167. Compensation of electors.
8 160. Representatives in congress, when and how chosen. - Representatives in the house of representatives of the congress of the United States shall be chosen in the several congressional districts at the general election held therein in the year 1892 and every second year thereafter. If any such representative shall resign he shall forthwith transmit a notice of his resignation to the secretary of state and if a vacancy shall occur in any such office the clerk of the county in which such representative shall have resided at the time of his election shall, without delay, transmit a notice thereof to the secretary of state. R. S., 426, L. 1842, ch. 130, tit. 6, Art. 1, $$ 1, 2.
§ 161. Electors of president and vice-president, when and how chosen.- At the general election in November, pre. ceding the time fixed by the law of the United States for the choice of president and vice-president of the United States, there shall be elected by general ticket as many electors of president and vice-president as this state shall be entitled to, and each elector in this state shall have a right to vote for the whole number, and the
having the highest number of votes shall be declared and be duly appointed electors. R. S., 427, L. 1842, ch. 130, tit. 6, Art, 2, $ 3.
$ 162. Meeting and organization of the electoral college.- The electors of president and vice-president shall convene at the capitol on the second Monday in January next following their election, and those of them who shall be assembled at twelve o'clock noon of that day, shall immediately after that hour fill, by ballot, and by plurality of votes, all vacancies in the electoral college, occasioned by death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. The electoral college being thus completed, they shall then choose a president, and one or more secretaries from their own body. R S., 428, L. 1842, ch. 130, tit. 6, Art. 3, $$ 21, 22.
L 1889, ch. 1, $ 1.
$ 163. Secretary of state to furnish college with lists of electors. The secretary of state shall prepare three lists, setting forth the names of such electors, and the canvass under the laws of this state, of the number of votes given for each person for whose election any and all votes were given, together with the certificate of determination thereon, by the state canvassers; procure to the same the signature of the governor; affix thereto the seal of the state, and deliver the same thus signed and sealed to the president of the college of electors, on the second Monday in January. R. S., 428, L. 1842, ch. 130, tit. 6, Art. 3, § 23.
$164. Vote of the electors and their lists of persons voted for.— Immediately after the organization of the electoral college, the electors shall then and there vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of the same state with themselves. They shall name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president.
They shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of state, they shall seal up the same, certifying thereon, that lists of the votes of this state for president and vicepresident are contained therein. R. S., 428, L. 1842, ch. 130, tit. 6, Art. 3, 8$ 24, 25.
$ 165. Appointment of messenger and his duties.- The electors shall then, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and to deliver the same to the president of the senate, at the seat of government of the United States, before the third Monday in the said month of January.
In case there shall be no president of the senate at the seat of government, on the arrival of the person intrusted with the lists of the votes of the electors, then such person shall deliver the lists of votes in his custody into the office of the secretary of state of the United States. R. S., 428, L. 1842, ch. 130, tit. 6, Art. 3, $$ 26, 27.
$ 166. Other lists to be furnished.- The electors shall also forward forthwith, by the post-office in the city of Albany, to the president of the senate of the United States, at the seat of government, and deliver forthwith to the judge of the United States for the northern district of the state of New York, similar lists signed, annexed, sealed up and certified in the manner aforesaid.